Guidance

Electronic Monitoring Court Bail Protocol

Updated 11 September 2023

Applies to England and Wales

Introduction

1.1 This protocol is to advise His Majesty’s Court and Tribunal Service (HMCTS), the National Police Chiefs’ Council (NPCC), Crown Prosecution Service (CPS), His Majesty’s Prisons and Probation Service (HMPPS), Youth Offending Teams (YOTs), the Youth Custody Service (YCS), local authorities (LAs), defence solicitors and electronic monitoring service providers in England and Wales of the requirements to be followed in line with relevant legislation and Criminal Procedure Rules for delivering electronic monitoring as a condition of court bail for adults (18 years or older) or children (under 14 years old) and young persons (under 18 years old).

1.2 The protocol seeks to provide clear guidance for the responsibilities and processes at all stages of EM Court Bail. The protocol does not change existing processes and is consistent with all relevant legislation, policies and contracts. Users should continue to refer to existing legislation and Criminal Procedure Rules.

1.3 The protocol uses ‘person’ throughout to reflect the Bail Act 1976 which uses the word person to describe someone who has been accused of an offence or someone, having been convicted of an offence, appears or is brought before a magistrates’ court or the Crown Court.

Aims of the protocol

1.4 The aim of this protocol is to ensure the effective delivery of electronically monitored court bail to retain the confidence of the public and the courts in the imposition of the use of electronic monitoring as a tool to monitor compliance with bail conditions, and to support the statutory presumption of bail, as set out in the Bail Act 1976.

1.5 This protocol has been developed in consultation with the EM contractor and relevant services and agencies, including the Ministry of Justice (MoJ), HMPPS, the Home Office, NPCC, the Youth Justice Board, defence solicitors, HMCTS and CPS.

1.6 Awareness of the procedures will enable courts to make decisions based on an understanding of the risks. Good communication between the agencies managing the use of EM and the breach and enforcement processes is essential.

Presumption of bail

1.7 There is a presumption under the Bail Act 1976 that all persons to whom Section 4 of the Act applies will be granted bail by the judiciary unless the court is satisfied that one or more of the exceptions listed in Schedule 1 to the Act applies. The presumption recognises that a person should not be deprived of his/her liberty unless that is necessary for the protection of the public, the person, or the delivery of justice. If the person has been convicted and is awaiting sentence, in general this presumption of bail does not apply.

Electronic monitoring (EM) as an alternative to a Remand in Custody

2.1 The court can only impose bail with electronic monitoring requirements where it is satisfied that, but for the availability and suitability of electronic monitoring, the person would not be granted bail (section 3AB Bail Act). Defence solicitors may oppose an application to remand in custody for clients for whom they consider EM would provide a sufficient safeguard. Where the Court is considering releasing a defendant on conditional bail with electronic monitoring requirements as an alternative to remanding in custody, prosecutors will assist the court by making enquiries with the police about the suitability of any proposed conditions. Prison, probation, and court staff who provide bail information reports to the courts may recommend electronic monitoring as an alternative to custody in appropriate cases.

2.2 Bail can be conditional or unconditional. The court may decide to impose conditions when that is necessary to ensure that the person attends court, does not commit another offence, does not obstruct the course of justice, and/or for their own safety or for further reasons as set out in Section 3(6) of the Bail Act 1976. Where the tests set out in section 3AA and 3AAA (children and young persons) or section 3AB (adults) to 3AC of the Bail Act 1976 are met, EM may be imposed by the court to monitor compliance with any other requirement imposed as a condition of bail. Those tests include (for persons over 18) a condition that the court is satisfied that without the electronic monitoring requirements the person would not be granted bail (section 3AB of the Bail Act 1976). For children and young persons, the different tests set out in section 3AA must be met for EM to be imposed by the court. These include age, offence type, availability of EM and the YOT agreeing that EM is suitable in the individual case.

2.3 The EM service is provided to the MoJ by a third-party contractor. The EM contractor is responsible for fitting the tags, installing and maintaining monitoring equipment, monitoring compliance with EM conditions, and reporting any breaches to the Police while also alerting Youth Offending Teams, local authorities, Probation, and/or Community Accommodation Service: Tier 1 or 2 (CAS-1 or CAS-2) where appropriate.

2.4 The performance of the contractor is monitored closely by a dedicated HMPPS Contract Management Team.

2.5 In EM legislation, the Responsible Person is the body who monitors information generated by the tag before passing any breach information onto the Responsible Officer. The Responsible Officer is required to receive this information and make a subsequent decision on whether to proceed with enforcement action. In all EM court bail cases, the Responsible Person is the EM contractor, and the Responsible Officer is the police.

2.6 EM is not available as a condition of police bail, nor as a condition of court bail. It is an alternative to a remand in custody when, were it not for the availability and suitability of electronic monitoring, the defendant would be remanded in custody.

2.7 For both adults and children, EM can only be imposed to monitor compliance with another condition of the bail order, such as a curfew or an exclusion zone. There are 2 types of electronic monitoring currently available to the courts for the purposes of bail:

• Radio Frequency (RF) tags which are used to monitor compliance with a curfew condition at a specified address. RF enabled tags monitor the person’s proximity to a home unit placed at the address to which they are curfewed. If the person is not in or leaves the address during curfew hours, the monitoring centre will be alerted.
• Location Monitoring using GPS satellite enabled tags can be used to monitor compliance with geographical conditions such as exclusion zones. Location monitoring tags also have RF capability, allowing for curfew and location to be monitored using a single device. GPS tags have a battery that requires regular charging.

2.8 There are no statutory minimum or maximum curfew hours for bail cases. Where an EM curfew of 9 hours or over per day has been imposed, each compliant day will lead to a reduction of half a day of custody, should there be a custodial sentence to be served following sentencing.

2.9 Courts should be aware that when imposing a location monitoring requirement, the person’s whereabouts will be continuously captured by the system, but it is only actively reviewed when there is a lawful reason to do so, such as a breach or an External Agency Request (EAR) for data.

2.10 Trail (continuous whereabouts) monitoring whereby the Responsible Officer can retrospectively view all movements of a person may not be imposed for court bail at the time of publication of this Protocol.

2.11 In accordance with EM policy, before EM is imposed to monitor another condition of a bail order the court must be satisfied that the person is not deemed ineligible under the following conditions:

• The court will need to be satisfied that the person is physically able to wear a tag. For location monitoring to take place the tag must be fitted to an ankle, in some cases RF tags can be secured to a wrist but the default position is the ankle, therefore consideration will need to be given to conditions which may make wearing the tag unworkable.
• The court should also consider whether the person is mentally capable of complying with the requirements of the EM conditions, including the charging regime required for a GPS tag.
• Those who are of no fixed abode and cannot be accommodated in CAS-1 or CAS-2 residences, will not be able to be electronically monitored as the necessary equipment cannot be installed. The same applies where a landlord/owner of a property refuses permission for the equipment to be installed.

2.12 It is important for all agencies and courts to be aware that for the EM on bail service there is no immediate response to non- compliance with the condition imposed by the court. Breach information is sent retrospectively to the police who will then assess whether to pursue enforcement action.

2.13 Where agencies with responsibilities for delivering the EM service for court bail have their own guidance that is relevant to this protocol, we have endeavoured to provide a link to that. It is each agencies’ responsibility to keep guidance and forms up to date for their own purposes and ensure they remain in alignment with this protocol.

Adults

3.1 Section 3AB of the Bail Act 1976 sets out that EM can only be imposed on a person who has attained the age of 18 (eighteen) if the court is satisfied that:

• Without the electronic monitoring requirements, the person would not be granted bail
• The necessary arrangements for electronic monitoring are in place

3.2 Therefore EM has a high threshold for imposition and may only be considered by the court once it is satisfied it would otherwise remand the person into custody.

Children and young persons (those under the age of 18)

4.1 Section 3AA, and 3AC of the Bail Act 1976 provide that EM can only be imposed on a person who is 12 years or over^{[footnote 1]} if the court is satisfied that:

• The child or young person is either:
  • charged with or has been convicted of a violent, sexual or terrorism offence, or offences punishable in the case of an adult with imprisonment for a term of fourteen years or more, or
  • charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings–(i) amount, or (ii) would, if he were convicted of the offences with which he is charged, amount to a recent history of repeatedly committing imprisonable offences while remanded on bail or subject to a custodial remand; and
• The court is satisfied that the necessary arrangements for electronic monitoring are in place; and
• The court must have been informed by the youth offending team that electronic monitoring is suitable for that child or young person

4.2 Section 3AAA sets out further limitations on the imposition of EM conditions of Court Bail for children or young people released on bail in extradition proceedings.

4.3 Custody should always be a last resort for children, however, courts must balance the welfare of the child and public protection when making bail decisions. Partners should consider the restriction that EM places on children’s liberty, any impact on their participation in positive activities, the stigma attached to wearing tags, children’s ability to maintain equipment effectively, and their smaller size.

Procedures for the imposition of EM conditions of Court Bail

To note: The processes below will not always necessarily follow the order as set out in the protocol and some may run concurrently.

Stage 1: Arrest

Police, CPS and Defence

Upon arresting a person, the Police, CPS and Defence begin to form assessments and gather information which can be relevant to the court’s decision on whether to impose EM conditions of court bail.

Organisation: Police

Activity

Following arrest, police to consider and assess under the Police and Criminal Evidence Act 1984 (PACE) whether the person is to be further detained in custody for enquiries to be made.

Police to gather initial allegation details and consider how to progress the case using the file information to hand (for the purposes of this protocol, these will be ‘red cases’, as referred to in police charging guidance).

Police to assess whether the person is to be bailed with appropriate police bail conditions/release under investigation or kept in detention to be bought before a Magistrates Court.

Considerations for children/young persons

Police to inform YOT at point of arrest.

The Police, YOT and LAs should communicate about best practice to support the child, and bail decisions. An appropriate adult should be present for children.

Documents and links

The YJB’s Case Management Guidance provides youth justice services with information and advice on how to work with children in the youth justice system. This guidance refers specifically to bail and remand decisions.

Organisation: CPS

Activity

CPS to provide Early Advice to the police in serious cases where requested to do so. Decisions on arrest/bail are for policing at this stage.

Information sharing

CPS to provide Early Advice to police in some serious cases.

Organisation: Defence

Activity

Defence may:

• represent the suspect at police stations either as Duty solicitor or own client solicitor, including attendance at police interview
• make representations to the police about charge if instructed as Duty solicitor but suspect wishes to instruct solicitors firm to act in proceedings

Stage 2: Charge

Police, CPS, Defence

After a Police investigation, a decision is made by either the Police or the CPS as to whether to charge the person with an offence.

Once charged, the person will be provided with a date for their first Bail Hearing.

Organisation: Police

Activity

Police can make decisions on charge in guilty anticipated plea (GAP), summary only and either-way cases which are suitable for resolution in the Magistrates’ Court (subject to some exceptions)

Police to use the MG03 form to make a referral to CPS for charging advice in accordance with Director’s Guidance (DG6) on Charging (v.6) requirements.

Police to request charging decisions from the CPS in serious cases using MG03A.

The police provide the CPS with an MG7 which outlines any objections to bail.

Considerations for children/young persons

A child can be kept in detention by the police while awaiting charging decision. If police bail is not granted, the police should communicate with the Local Authority (LA) to find suitable accommodation for the child. If the child is likely to be at risk of court remand to custody, there should be ongoing communication with Youth Offending Team (YOT) to enable the creation of a bail package to be presented to the court.

Information sharing

Police to request charging decisions from the CPS in serious cases using the MG03 form. Police to provide the information to CPS as set out in the Director’s Guidance on Charging (v.6).

Documents and links

The Director’s Guidance on Charging 6th Edition (DG6)

Organisation: CPS

Activity

CPS to make charging decisions in more serious cases, otherwise charging decisions are made by the police.

Requests for CPS charging decisions are made by policing using form MG3 and providing the information set out in the DG6.

The police charge using form MG4, and it is a policing decision on charge to decide whether a defendant is released on bail or kept in custody for court (Police and Criminal Evidence Act 1984)

Considerations for children/young persons

Requests for CPS charging decisions are made by policing using form MG3 and providing the information set out in the Director’s Guidance on Charging (v.6)

Organisation: Defence

Activity

Defence to make representations to police and/or CPS about appropriate charge and to make representations to Custody Sergeant as to police bail, including provision of a bail address if appropriate.

Considerations for children/young persons

Engage with YOT regarding the charge and any information on the child (if they are known to the YOT) that may be helpful in building an application for bail.

Stage 3: Pre-assessment – Before bail hearing

Police, CPS, Defence and BIS

In advance of a Bail Hearing the police provide their assessment to the CPS of whether the person should be remanded in custody, remanded to local authority accommodation (an option only available for children) or bailed in the community if the case is adjourned by the court. The CPS use this assessment to inform their decision and begin to prepare representations to the court.

Defence legal representatives will work with the person to consider whether to apply for court bail and if so, which conditions to apply for. The defence legal representative and the Bail Information Officer (BIO) will support the client in making practical arrangements to help to enable compliance with these conditions.

Organisation: Police

Activity

Police to submit case file to CPS in accordance with the National File Standards (NFS) including an MG7 form to CPS with appropriate conditions.

Police may include EM conditions as an alternative to remand and a suggested EM address including any risks at the property, where assessed as appropriate - should a further remand not be supported by the judiciary.

Information sharing

Police to receive charging advice from the CPS.

Police to submit a case file to the CPS in accordance with the NFS including an MG7 form with appropriate conditions should a further remand not be supported by the judiciary.

Organisation: CPS

Activity

For the first court hearing of defendants in custody, the police will provide CPS with an MG7 form, which sets out police views on whether the defendant is suitable for bail or should be remanded in custody, and what particular bail conditions would suffice.

The CPS will make an independent decision, using the criteria set out in the Bail Act when deciding whether to apply for remand in custody or on bail.

Liaison with defence and police and (where available) probation/bail information service can assist with this.

Organisation: Defence

Activity

Defence legal representative to:

• take instructions from the person in cells
• discuss record of previous convictions and previous bail history
• locate passport
• make enquiries with family/friends as to possible bail address, suitability for electronic monitoring and willingness to stand surety if necessary
• alert the person on trial to potential credit accrued against a custodial sentence for compliant days of eligible EM curfew on court bail

Considerations for children/young persons

Defence to work with the Youth Offending team (YOT) on a bail package for the child and consider where EM might be needed e.g., Bail with Intensive Supervision and Surveillance (ISS) or Remand to Local Authority Accommodation (RLAA).

YOTs to consider the wellbeing of the child under s.44 of the Children and Young Persons Act 1933 before setting EM conditions.

The YOT to liaise with the local authority about a suitable address for the child in the community and consider its suitability for EM conditions e.g., EM isn’t available for those without a fixed address or those of no fixed abode

Organisation: BIS

Activity

BIO alerted to bail hearing by Court/Defence/assessing court IT systems.

BIO to speak with the person in court cells and/or speak with defence to obtain details of proposed address(s).

BIO to submit proposed address enquiries, including availability and consent from occupier and Safeguarding information from Police, local authorities and where applicable the Probation Service.

BIOs to promote use of Community Accommodation Services CAS-2 with the person and defence legal representative, and if an initial screening is successful, to submit a referral. Where available, BIOs may also explore alternative accommodation options and/or other relevant support services which might increase likelihood of compliance with bail conditions.

Information sharing

BIO alerted to bail hearing by Court/Defence/assessing court IT systems.

Stage 4: Bail hearing

Police, CPS, Defence and Courts

At a Bail Hearing, the judiciary decide, if the case is being adjourned, whether the person should be remanded in custody or bailed in the community. The court will follow the presumption of granting bail for adults, children and young persons as provided for by section 4 of the Bail Act 1976.

Electronic Monitoring conditions can be used as an alternative to remand while the person awaits the next stage of the proceedings for the offence.

The court can only impose electronic monitoring if the current arrangements in the local area allow for it and an application for remand in custody has been made by the prosecution.

There are 4 different types of bail hearing that might apply in this process:

• First bail hearing
• Second bail hearing
• Bail appeal
• Bail application through Crown Court

Whilst the outcome of these hearings is important, the differences in process do not affect whether EM will be imposed on the person. As a result, we do not explore the process of each of these hearings in the EM Court Bail Protocol Document.

Once a decision has been made to remand in custody or bail in the community, either defence or prosecution can submit an appeal following the bail appeal procedure.

Organisation: Police

Activity

Police to respond to any requests for further information during hearing.

Police to be informed of hearing outcome by court staff and update Police National Computer (PNC) with any EM conditions to facilitate management of the person in the community.

Information sharing

Police to receive outcome of Bail hearing from CPS and send updates to the victim/witnesses via the witness care unit (WCU).

Organisation: CPS

Activity

The court will decide whether the defendant will be remanded in custody or granted bail. The role of the CPS prosecutor is to assist them with this decision, by summarising the case details and setting out any relevant offending history.

Prosecutor may make an application for remand in custody on the basis of the Bail Act, for example, for the following reasons:

• further offending
• absconding
• interfering with witnesses
• person’s safety

Prosecutor to record the hearing outcome for CPS records and agree custody time limit expiry date if remanded in custody.

Information sharing

CPS to provide Police with outcome of Bail Hearing.

Organisation: Defence

Activity

Defence to liaise with the person pre-hearing and complete and submit legal aid application.

Defence to advise on evidence, venue for trial (if applicable) and possibility that CPS may appeal any positive bail decision

Defence to involve Liaison and Diversion service if required.

Defence to conduct bail application, hear the CPS objections to bail and suggest conditions to the court during the hearing including EM.

Considerations for children/young persons

Defence to liaise with the Youth Offending Team (YOT) as well as the child and their family in these activities as YOTs are responsible for managing all EM conditions. When suggesting conditions, defence and YOTs must be specific about what they are recommending and what they require the EM contractor to monitor e.g., exclusion requirement, curfew, attendance of a requirement.

Organisation: Courts

Activity

The judiciary hear the proceedings including representations from the CPS and defence and make a decision on bail.

In the magistrates’ court the judiciary can be advised on the law by a legal adviser. However, the legal adviser does not make the decision on bail.

Court staff record the decision made by the judiciary on the relevant court system which produces the required order.

The court will follow the Bail Act with the presumption of granting bail as provided for by section 4 of the Bail Act 1976.

Considerations for children/young persons

If bail is refused the court must follow the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) (as amended) and can grant remand to local authority accommodation (RLAA) to avoid a remand to youth detention accommodation).

EM can only be imposed as a condition for bail if the conditions in 3AA or 3AAA of the Bail Act (as applicable) are satisfied. These conditions include a youth offending team having informed the court that in its opinion the imposition of EM requirements will be suitable in the case of the child or young person.

Information sharing

Orders are automatically sent by the Court to the EM Contractor via the Common platform or Libra (legacy system).

For Crown Court cases contained within the legacy system Xhibit, a manual order (EM6058) (or end order if applicable) is securely emailed to the EM Contractor.

Where there is an IT failure, a manual EM6058 will be updated by the Court and securely emailed to the EM contractor via the usual email channel.

Organisation: BIS

Activity

BIOs provide factual and objective information, including the outcome of address enquiries, to assist the court in making decisions.

Where accommodation is sourced through CAS-2 (formerly BASS) or an alternative provider, the BIO is to provide this information to the court, including address details and date of availability.

Information sharing

For CAS-2 accommodation, BIO will provide address details and availability to the court.

Stage 5: EM conditions sent to the EM Contractor

Defence, Courts, and the EM Contractor

If EM conditions as part of court bail are imposed, court staff must send notice to the EM Contractor to enable monitoring to commence.

Organisation: Defence

Considerations for children/young persons

The Youth Offending Team (YOT) case manager responsible for the child must contact the EM provider and provide their contact details so that in the event of a breach the YOT can be notified. The YOT should provide EM contractors with risk sharing information.

Organisation: Courts

Activity

Any EM condition is sent automatically to the EM Contractor when the case has been completed/shared on the courts systems. Apart from legacy Crown Court cases, where the conditions are sent manually to the contractor via email.

Information sharing

EM conditions sent automatically via electronic data transfer (EDT) to the EM Contractor on Common platform and magistrates’ legacy system (Libra).

For Crown Court cases contained within the legacy system Xhibit, a manual order (EM6058) (or end order if applicable) is securely emailed to the EM Contractor.

Where Common platform and Libra are not available, a manual EM6058 or end order will be completed and securely emailed to the EM Contractor.

Organisation: The EM Contractor

Activity

EM contractor receives the court notification form. Contractor to liaise with the Court if more information is required.

Considerations for children/young persons

The EM contractor will attempt to fit the equipment the same day if the order is received before 3pm. If the order is received after 3pm or the first attempt is unsuccessful the EM contractor will attempt to install by the following day. For under 18s a third may be made and all visits are no later.

EM Contractor to make three install attempts. Visits are no later than 10pm and a responsible adult must be present during the installation and induction.

YOT Case Manager:

To provide their contact details to the EM Contractor so that in the event of a breach the youth justice services (for example, YOT) can be notified.

Information sharing

EM contractor receives the court notification form and will liaise with the Court if more information is required.

The EM Contractor to notify the police via Section 9 breach notification form if equipment cannot be installed, copying in the YOT and CAS if applicable.

Stage 6: EM Installed

The EM contractor

Once the EM contractor has received a new monitoring order from the court, they will visit the person to install the monitoring equipment.

Activity

The EM Contractor to visit the person’s address and attempt to install equipment.

EM contractor to fit the necessary equipment and induct the person on the requirements of EM. For adults if the order is received before 3pm the EM contractor will attempt to fit the equipment by midnight the same day. If that is unsuccessful or the order is received after 3pm, the EM contractor will attempt to fit by midnight the following day.

The EM Contractor to notify the Police if the equipment cannot be installed.

Considerations for children/young persons

Three attempts are made, visits are no later than 10pm and a responsible adult must be present during the installation and induction. The resident of the house (e.g., parent/ carer) must give permission for EM to be installed at the address.

During installation, the EM contractor should demonstrate how the equipment works and remind the child of the requirements.

Information sharing

EM Contractor to send section 9 breach notification to Police if equipment cannot be installed after two attempts (three for under 18s).

Documents and links

More info for children can be found in the Case management guidance.

Stage 7: Monitoring period

Police, the EM contractor

Organisation: Police

Activity

Police to carry out the Receive, Assess, Decide, Update (RADU) process upon receipt of Section 9 breach alert. Receive breach information. Assess risk. Decide on enforcement. Update the EM Contractor of decision.

The Police and other agencies can request additional data at any time on the tag wearer’s location or movements from the EM contractor by using the EAR process.

Information sharing

Police notify EM contractor the outcome of any breach.

EM Contractor updates their system with breach information.

Police (and other agencies) may request additional information from the EM Contractor by following the EAR process.

Organisation: The EM Contractor

Activity

The EM Contractor to monitor compliance with the EM condition(s) and report breaches to the Police via secure email within 24 hours, copying the relevant Youth Offending Team (YOT) and CAS if applicable.

The EM Contractor to inform the Community Accommodation Service if the person is in their accommodation.

The EM Contractor must be notified of the outcome of any breach consideration by the Police to ensure the EM Contractor is updated.

Breaches will include:

• damage or removal of equipment
• equipment tampers that interfere with the monitoring
• curfew absence of 15 mins or more
• exclusion zone breach
• failure to charge a GPS tag battery
• refusal of entry to maintain or check equipment
• refusal to fit or make themselves available for fitting

Considerations for children/young persons

The EM Contractor to copy the relevant YOT into the breach if the person is under the age of 18.

Information sharing

The EM Contractor will monitor compliance with the EM condition(s) and report breaches in the form of a section 9 statement to the Police and relevant YOT and CAS where applicable via secure email within 24 hours.

Stage 8: Amendment to EM Bail Conditions

Police, CPS, Defence, Courts, the EM contractor, BIS

A person’s circumstances may change during a period of EM court bail. If these changes impact their ability to comply with conditions, the person can apply to court for an amendment.

The court decides whether to amend the EM court bail after hearing the application.

Organisation: Police

Activity

Police to assess and respond to defence suggestions for amendments and inform CPS of their recommendation.

Information sharing

Defence suggest amendments to police.

Police respond to defence suggestions for amendments.

The request for any amendment by the Defence to amend any condition is taken to the court. The courts will then alert the CPS who will then in turn ask police to review the application.

Organisation: CPS

Activity

CPS to inform police of application for amendment of EM conditions.

CPS to make representations at amendment hearing.

Organisation: Defence

Activity

Defence to submit application to vary adult bail conditions (including EM where applicable) on notice via appropriate CrimPR (Criminal Procedure Rules) form.

Considerations for children/young persons

The Youth Offending Team (YOT) case manager to discuss the amendment with the child, identify any barriers and explore how these could be overcome. Every effort should be made to support the child to meet the requirement.

Organisation: Courts

Activity

Court staff to receive the application and list the case. in an appropriate court as soon as practicable and no later than the fifth business day after the application was served.

The judiciary hear the application including representations from the CPS and defence and make a decision on bail.

In the magistrates court the judiciary can be advised on the law by a legal adviser. However, the legal adviser does not make the decision on bail.

Court staff record the decision made by the judiciary on the relevant court system which produces the required order.

Information sharing

EM conditions sent automatically via electronic data transfer (EDT) to the EM Contractor on Common platform and magistrates’ legacy system (Libra).

For Crown Court cases contained within the legacy system Xhibit, a manual order (EM6058) (or end order if applicable) is securely emailed to the EM Contractor.

Where Common platform and Libra are not available, a manual EM6058 or end order will be completed and securely emailed to the EM Contractor.

Organisation: The EM Contractor

Activity

The EM Contractor receives an amendment to the EM condition from the court; they will make the necessary arrangements to accommodate the change. If that is not possible the Police will be notified as above.

Considerations for children/young persons

EM service to contact the case manager responsible for the child at the relevant YOT.

Information sharing

The EM contractor to notify the police if it is not possible to make the necessary arrangements to accommodate the change.

Organisation: BIS

Activity

Defence or Court to advise BIS of Amendment to EM Bail Condition application and details of any change to proposed curfew address.

Where the amendment relates to an address change:

Bail Information Officer (BIO) to submit proposed address enquiries, including availability and consent from occupier and safeguarding information from Police, local authorities and where applicable the Probation Service.

BIOs to promote use of CAS-2 Accommodation with the person and defence, and if initial screening successful a referral submitted. Where available, BIOs may also explore alternative accommodation options and/or other relevant support services which might increase likelihood of compliance with the person and the defence. If accepted and allocated an address, the BIO will advise the court.

BIO to provide the outcome of address enquiries to court.

Information sharing

Defence or HMCTS advise BIS of any change to curfew address.

BIO to submit proposed address enquiries, including availability and consent from occupier and Safeguarding information from Police. Local Authorities and where applicable the Probation Service.

Stage 9: Trial

Defence, Courts, the EM contractor, BIS

Where a person pleads not guilty, following a period of remand in custody or bail in the community, the person will be tried in court for the offence which they have been charged with. In most instances EM conditions of Court Bail will cease at the trial, however in some cases the person may be convicted and then bailed with EM conditions while they await another hearing to determine their sentence.

CPS prosecute trial and the judiciary conduct the hearing and determine outcome.

Organisation: Defence

Activity

Defence to represent the person during trial.

Defence to consider and present EM conditions of bail as an alternative to remand if the person is convicted but awaiting sentence.

Organisation: Courts

Activity

The judiciary hear the case including representations from the CPS and defence and make a decision.

Court staff to record the decision made by the judiciary on the relevant court system which produces the required order(s).

Information sharing

EM conditions sent automatically via electronic data transfer (EDT) to the EM Contractor on Common platform and magistrates’ legacy system (Libra).

For Crown Court cases contained within the legacy system Xhibit, a manual order (EM6058) (or end order if applicable) is securely emailed to the EM Contractor.

Where Common platform and Libra are not available, a manual EM6058 or end order will be completed and securely emailed to the EM Contractor.

Organisation: The EM Contractor

Activity

EM contractor to provide compliance information upon request from court staff.

Information sharing

Where requested to do so, EM contractor to provide the court with EM conditions compliance information.

Stage 10: Remand to custody

CPS, Defence, Courts, the EM contractor, BIS

Following the decision of the judiciary, should they determine that the person cannot safely remain in the community while awaiting the next stage of the proceedings, the person will be remanded in custody.

Organisation: CPS

Activity

CPS to complete and record hearing records.

CPS to calculate and agree Custody Time Limit (CTL) expiry dates with all parties.

See Prosecution of Offences (CTL) Regulations 1985, as amended.

Documents and links

Prosecution of Offences Act 1985 (legislation.gov.uk)

Organisation: Defence

Activity

Defence to correspond with client in custody, advise client that further bail application can be made upon re appearance (usually via Prison to Court Video Link (PCVL)).

In period of first remand, defence to make enquiries about alternative addresses which might be suggested for second bail application.

Information sharing

Consider second bail application to be presented to court.

Organisation: Courts

Activity

Courts to record outcome of hearing and date of CTL expiry onto the relevant system, end notification is sent to the EM Contractor.

Information sharing

End Notification sent automatically via electronic data transfer (EDT) to the EM Contractor on Common platform and magistrates’ legacy system (Libra).

For Crown Court cases contained within the legacy system Xhibit, a manual order (EM6058) (or end order if applicable) is securely emailed to the EM Contractor.

Where Common platform and Libra are not available, a manual EM6058 or end order will be completed and securely emailed to the EM Contractor.

Organisation : The EM Contractor

Activity

The EM Contractor to close order if the person was on EM court bail at point of decision to remand.

Information sharing

The EM Contractor to receive email notification of EM order end from Court Staff.

Organisation: BIS

Activity

Court based Bail Information Officer (BIO) to provide handover of previous BIS involvement to prison based BIO at receiving establishment.

Considerations for children/young persons

Youth Offending Team (YOT) to consider whether further bail application will be appropriate.

Stage 11: Hearing to extend Custody Time Limit

CPS, Defence, Judiciary, Courts, BIS

Custody Time Limits (CTL) safeguard unconvicted persons by preventing them from being held in pre-trial custody for an excessive period of time. The Act and Regulations governing CTL require the prosecution to progress cases to trial diligently and expeditiously.

Once the CTL has been reached a hearing must take place to either extend the CTL or bail the person to the community.

Organisation: CPS

Activity

CPS to apply for an extension to the CTL if assessed as required.

Documents and links

Custody Time Limits - The Crown Prosecution Service (cps.gov.uk)

Organisation: Defence

Activity

Defence to suggest conditions of bail for the person, including electronic monitoring where applicable.

Organisation: Judiciary

Activity

Decides whether to extend the custody time limit.

If court does not extend CTL, bail (with or without conditions) must be granted.

Organisation: Courts

Activity

Judiciary hear the case including representations from the CPS and defence and make a decision.

Court staff to record the decision made by the judiciary on the relevant court system which produces the required order(s).

Information sharing

EM conditions sent automatically via electronic data transfer (EDT) to the EM Contractor on Common platform and magistrates’ legacy system (Libra).

For Crown Court cases contained within the legacy system Xhibit, a manual order (EM6058) (or end order if applicable) is securely emailed to the EM Contractor.

Where Common platform and Libra are not available, a manual EM6058 or end order will be completed and securely emailed to the EM Contractor.

Organisation: The EM Contractor

Activity

The EM contractor will action any notification from the court that requires installation, monitoring, amendment, or cessation of monitoring.

Organisation: BIS

Activity

If an application for EM conditions is made during CTL hearing:

Defence or Court to advise BIS of Bail application and details of proposed address.

Bail Information Officer (BIO) to submit proposed address enquiries, including availability and consent from occupier and Safeguarding information from Police. Local Authorities and where applicable the Probation Service.

BIOs to promote use of CAS-2 (formerly BASS) Accommodation with the person and defence, and if initial screening successful a referral submitted. Where available, BIOs may also explore alternative accommodation options and/or other relevant support services which might increase likelihood of compliance with the person and the defence. If accepted and allocated an address, the BIO will advise the court.

BIO to provide the outcome of address enquiries will be provided to court.

Information sharing

BIS submit proposed address to the police for enquiries.

BIO to provide outcome of address enquiries to the court.

Stage 12: Failed installation

Police, EM Contractor

There can be a number of reasons why EM equipment is not installed on a person, including withdrawal of consent, incorrect address information being received by the EM contractor, or the person not being present when the EM contractor visits their bail residence.

Organisation: Police

Activity

Police to receive section 9 breach notification form (also known as MG11 witness statement) from the EM Contractor.

Police to carry out the Receive, Assess, Decide, Update (RADU) process upon receipt of Section 9 breach alert. Receive breach information. Assess risk. Decide on enforcement. Update the EM Contractor of decision.

Information sharing

The EM Contractor send section 9 form to police.

Police to update the EM Contractor with outcome of breach.

Organisation: The EM Contractor

Activity

The EM Contractor to alert police to breach via section 9 form.

Considerations for children/young persons

Inform Youth Offending Team (YOT) of failed installation.

Information sharing

The EM Contractor to alert police to breach via Section 9 form.

Stage 13: Breach (Pre-hearing)

Police, CPS, Defence, Judiciary, EM Contractor

Once the police have made their assessment and decided to enforce a breach of EM conditions of court bail, the person should be produced to the court to which they were to have surrendered ( as applicable) within 24 hours of their arrest.

The Police will provide the CPS with information to inform their representations to the court. The defence will liaise with the person to inform their representations to the court.

The defence solicitor will work with the person to consider whether to apply for further court bail and if so, which conditions to apply for. The defence solicitor and the Bail Information Officer (BIO) will support the client in making practical arrangements to help to enable compliance with these conditions.

Organisation: Police

Activity

Police to receive section 9 form from the EM Contractor.

Police to carry out the Receive, Assess, Decide, Update (RADU) process.

Receive breach information. Assess risk. Decide on enforcement. Update the EM Contractor of decision.

If decision is made to arrest, once the person is arrested, police to contact court to arrange the person to be brought before the court in accordance with s.7(4) Bail Act 1976. The person must be brought before a magistrate’s court within 24 hours of the arrest. If the person is arrested within 24 hours of the time appointed to surrender to custody, the case is to be brought before the court at the time the person was due to have surrendered.

Police to prepare Breach of Bail file including Section 9 and MG7 forms and send to CPS in advance of breach hearing.

Police to complete MG7 form and may include suggested EM conditions and address as an alternative to remand in custody.

Information sharing

Police share Breach of Bail file with CPS.

Organisation: CPS

Activity

CPS to receive breach pack from Police and prepare representations for hearing. CPS to request any additional information from the police or the EM Contractor as required.

Organisation: Defence

Activity

Defence to take instructions upon allegation of breach of conditions.

If breach is denied, prepare for contested bail breach allegation. If breach is admitted, prepare and make further bail application, including any amendments to EM conditions.

Considerations for children/young persons

The Youth Offending team (YOT) case manager should investigate with the child, identify any barriers and how these could be overcome. Every effort should be made to support the child to meet the requirement.

Organisation: The EM Contractor

Activity

The EM Contractor to report breaches to the Police via secure email within 24 hours while also alerting Youth Offending Teams, local authorities, and/or Community Accommodation Service: Tier 1 or 2 (CAS-1 or CAS-2), formerly known as Bail Accommodation and Support Service (BASS) where appropriate.

Breaches will include:

• damage or removal of equipment
• equipment tampers that interfere with the monitoring
• curfew absence of 15 minutes or more
• exclusion zone breach
• failure to charge a GPS tag battery
• refusal of entry to maintain or check equipment
• refusal to fit or make themselves available for fitting

Considerations for children/young persons

EM service will contact the case manager responsible for the child at the relevant YOT.

Only the EM service can withdraw the case prior to court.

Information sharing

The EM Contractor will inform CAS-1 or CAS-2 if the person is in their accommodation.

After a breach has been reported, the EM Contractor will continue monitoring unless advised that the person is in custody.

The EM Contractor should be notified of the outcome of any breach consideration.

Documents and links

For children: Case management guidance - How to use reports - Guidance - GOV.UK (www.gov.uk)

Organisation: BIS

Activity

BIO alerted to breach hearing by Court/Defence/assessing court IT system.

In the event of an application for EM conditions at a new address:

BIO will speak with the person in court cells and/or speak with defence to obtain details of proposed address(s).

Proposed address enquiries submitted, including availability and consent from occupier and Safeguarding information from Police. Local Authorities and where applicable the Probation Service.

BIOs will promote use of CAS-2 with the person and defence, and if initial screening successful a referral submitted. Where available, BIOs may also explore alternative accommodation options and/or other relevant support services which might increase likelihood of compliance with the person and the defence.

Considerations for children/young persons

YOT are responsible for:

• informing EM services of adjournments
• trial dates
• the eventual outcome of proceedings

Organisation: Youth Case Manager

Activity

The case manager should then investigate with the child, identify any barriers and how these could be overcome. Every effort should be made to support the child to meet the requirement.

Stage 14: Breach hearing

Police, CPS, Defence, Judiciary, Courts, the EM Contractor, BIS

At the breach hearing, the judiciary will determine whether the person has broken their bail and if so whether to continue to bail the person in the community with the same, or amended conditions, or to remand the person to custody.

Organisation: Police

Activity

Police to submit breach of bail file (arrest statement, section 9 & MG7) to CPS with consideration to further remand or to bail with suggested conditions, which may include EM where assessed as appropriate in accordance with the national file standards.

Information sharing

Police to share breach file with CPS.

Organisation: CPS

Activity

CPS to present breach and application for remand or amended conditions of bail to court.

If the breach is not proved the person must be released on same conditions including EM where applicable.

Organisation: Defence

Activity

Defence to represent interests of the person during hearing.

Considerations for children/young persons

Youth Offending Team (YOT) is responsible for presenting the case to court and providing any subsequent advice to the court, and to the child and their family.

YOT may also withdraw cases at court where the interests of justice are served.

Documents and links

Case management guidance - How to use reports - Guidance - GOV.UK (www.gov.uk)

Organisation: Judiciary

Activity

Court conducts the hearing and determines outcome.

Court to decide whether to continue to bail the person or remand to custody.

If the breach is not proved, the person must be released on same conditions including EM if applicable.

Organisation: Courts

Activity

The judiciary hear the case including representations from the CPS and defence and make a decision.

Court staff to record the decision made by the judiciary on the relevant court system which produces the required order(s).

Information sharing

EM conditions sent automatically via electronic data transfer (EDT) to the EM Contractor on Common platform and magistrates’ legacy system (Libra).

For Crown Court cases contained within the legacy system Xhibit, a manual order (EM6058) (or end order if applicable) is securely emailed to the EM Contractor.

Where Common platform and Libra are not available, a manual EM6058 or end order will be completed and securely emailed to the EM Contractor.

Organisation: The EM Contractor

Activity

The EM Contractor to respond to request for compliance information where received.

Considerations for children/young persons

The EM service should:

• prepare a breach pack for the YOT and witness where required

Information sharing

EM contractor to share compliance data upon request.

Documents and links

Case management guidance - How to use reports - Guidance - GOV.UK (www.gov.uk)

Organisation: BIS

Activity

Bail Information Officer (BIO) to provide the outcome of address enquiries to court. BIS does not make a case for or against bail nor does it assess suitability of any proposed address.

Where accommodation is sourced through CAS-2 or an alternative provider, the BIO will provide this information to the court, including address details and date of availability.

Stage 15: EM ends equipment removed

CPS, EM contractor

Once EM conditions of court bail end, either after the proceedings have ended or after an amendment by the judiciary, the EM contractor will attempt to deinstall the monitoring equipment from the person and their residence.

Organisation: The EM Contractor

Activity

The EM contractor will stop monitoring the EM bail conditions when notified that the order is to end and will attempt to remove the ankle tag and monitoring unit at the curfew address.

Considerations for children/young persons

As with installation, visits are no later than 10pm and a responsible adult must be present during the installation and induction.

Stage 16: Receive custodial sentence

Police, CPS, Defence, Judiciary, Courts, the EM Contractor

If the person’s sentence includes a period of custody, where credit is accrued for the number of compliant days spent on an eligible EM curfew condition, they will be eligible for a reduction. Information from the EM supplier setting out the qualifying days and compliance is required to identify whether a custody credit is due.

To support this process, the information will need to be requested from the EM Contractor, this should be as timely as possible reflecting the material difference this will make to time spent in custody. Courts, Defence, CPS may request it. Where Probation is preparing a pre-sentence report they may also request this information.

Organisation: Police

Activity

Police to inform the victim(s) and witness(es) of sentencing outcome where appropriate.

Organisation: CPS

Activity

CPS to assist court in calculating any credit accrued against a custodial sentence for compliant days of eligible EM curfew on court bail.

CPS to record hearing outcome.

Information sharing

CPS request compliance data from the EM Contractor either during trial or during pre-sentence report process.

Organisation: Defence

Activity

Defence request compliance data from the EM Contractor either during trial or during pre-sentence report process.

Information sharing

Defence request compliance data from the EM Contractor either during trial or during pre-sentence report process.

Organisation: Judiciary

Activity

Court to conduct the hearing and determine outcome and to specify the credit period.

Organisation: Courts

Activity

Court staff to record the outcome of the hearing into the relevant system.

Court staff to request compliance data from the EM Contractor and complete credit calculation of any credit accrued against a custodial sentence for compliant days of eligible EM curfew on court bail, in accordance with section 240A of the Criminal Justice Act 2003 and section 325 of the Sentencing Act 2020.

Information sharing

Court staff to request compliance data from the EM Contractor either during trial or during pre-sentence report process.

Where bail has ended:

EM end notification sent automatically via electronic data transfer (EDT) to the EM Contractor on Common platform and magistrates’ legacy system (Libra).

For Crown Court cases contained within the legacy system Xhibit, a manual order end order is securely emailed to the EM Contractor.

Organisation: The EM Contractor

Activity

The EM Contractor will stop monitoring the EM bail conditions when notified that the order is to end and will attempt to remove the monitoring unit at the curfew address.

Information sharing

The EM contractor to provide compliance data to the court upon request.

1. Section 3AAA of the Bail Act 1976 provides different conditions for the imposition of electronic monitoring requirements for children and young persons released on bail in extradition proceedings. ↩